Los Angeles daily herald., 1887-03-27
PROCLAMATION! /!
SrA-E OF CALIFORNIA, !
EXECUTIVE DEPARTMENT.
SACRAMENTO, Mar ch Is, 1857.

SACRAMENTO, MafCh ID, lSoI.)
WHEREAS, the Legislature of the State of
California, at its twenty-seventh session. be-
ginning on the third day of January, A. D.
eighteen hundred and eighty-seven, two.
thirds of all the members elected to each OF
the two Houses Of laid Legislature voting in
favor thereof, proposed the following de.
scrfbed amendments to the Constitution Of
the State of California. to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the Judiciary Depart
ment.
RESOLVED, That the Legislature Of the State
of California, as its regular session. COM
mencing on the third day OF January, A. d.
eighteen hundred and eighty seven, two.
thirds of all the members elected to each OF
the Houses of said Legislature vo ing in ia
vor thereof, hereby propose that sections
two and three OF article vi, Of the Constitu-
tion of said Sta.e be amended to read as
follows:
Section 2. The Supreme Court shall con-
s,st of seven Justices The Associate Jus.
ttces of the Supreme Court, in Office at the
time of the adoption of this amendment to
the Constitution are hereby continued in
office as Justices OF the Supreme Court for
t0e IemdluueT VI tuo tct ~ WulCh tucy
were respectively elected. The Justices
shall elect one of their number to be Chief
Justice, and he shall hold the office Of Chief
Justice of said court for term OF two
years At the expiration OF the term of the
Chief Justice first elected. and every two
years thereafter the Justices shall elect
Chief Justsce for q like term of two years.
An entry of the election OF such Chief Jus
tice shall be made in the minutes OF the
court and signed by four Justices. When
ever thereafter vacancy occurs In the Of
fee of Chief Justice. like election shall
be had to fill such office for the unexpired
term. The Supreme Court may sit In de-
partmeuts or In bank, and shall always be
snail be two departments, denominated. re
spectively, Department One aud department
Two. The Chief Justice shall assign three
of the Justices to each department, and
| such assignment may be changed bv him
from time to time. The Justices shall be
competent to sit in either department. and
may Interchange with each other by agree.
ment among themselves or as ordered by
the Chief Justice. Each OF the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court in bank. The
presence OF three Justices shall be necessary
| to transact any business in eitner of the de-
partments, except such as may be done al
chambers, and the concurrence of two Jus
tices shall be necessary to pronounce q
| Judgment The ChiefJustice shall apporlion
the business to the departments and m y,
In his discretion. order any cause pending
before the Court to be heard ana decided by
the Court in bank. The order may be made
before or after Judgment pronounced by a
department.; but where cause has been al
lotted to one of the departments, and judg-
ment pronounced thereon, the order mus
be made within thirty days after such judg-
ment end concurred in by tw OF ustices, and If
SO made 1t shall have the effect to vacate and
set aside the judgment. Any four Justices
may, either before or after judgment by a
department. order case to be hesrd in
bank. If the order be not made wit in the
time above limited, the judgment shall be
final. No judgment by q department shall
become final until the expiration of the
period of thirty days aforesaid, unless ap-
proved by the Chief Justice. in writing,
Chief Justice may convene the Court in
bank at any time. and shall be the presiding
Justice of the Court when SO convened. The
concurrence OF tour Justices present at the
argument shall be necessary to pronounce a
judgment in bank; but If four Justices, SC
present, do not concur in judgment, then
all the Justices qualified to sit in the cause
shall hear the argument; but TO render {
Judgment O concurrence of four Judgei
shall be necessary. In the determination
of causes all decisions of the Court IL
bank, or in departments. shall be giveI
in writing and the grounds of the decision
| Snail Ue sthtcu. uc NnltI JubtiCt may NJ
in either department. and shall preside
when so sitting, but the Justices assigned
to each department. shall select one of thei
number as presiding Justice. In case o
the absence OF the Chief Justice from tn
pl zee at which the court is held, or his ina
bility to act, the Associate Justices shall Sc
lect one of the own number to perform
the duties and exercise the powers of tn
Chief Justice during such absence or ina
bility to act. The Supreme Court Commits
sion. created by the act of the Legislatu ure
approved March twelfth, eighteen hundre'
and eighty -five shall continu and be Su
preme Court Commission for four years al
ter the adoption of this amendment. Sal
Commission may be continued for sue
time thereaft = as may be fixed by an &C
passed by vote of tw0-thirds OF theelecte
members of each House of the Legislature
and approved by the Governor. the mem
bers thereof and Secretary shall pc az
commissioners shall be subject to remova
| in like manner as the Judges of the Su
| preme Court Said commission shall hav'
| the same power to hear and determine
causes possessed by department OF tn.
to the commission in the same manner they
are assigned to department, and after de
cision they may be ordered heard In banR
in the same way, and with like restrictions
as Il deci led In sS. be srs
as the judgments of the court The cem-
mission shall sit at such times and places as
may be designated by the court but such
commissioners shall not exercise any
.imdicisi functions except when assem-
bied as a commission, and then they
shall only have power to hear and deter,
mine such causes as may have been assigned
to them.
Court shall be elected by the qualified
electors OF the State at large. at the general
atafe alectiona and the times and places at
which State Officers are elected; and the